Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, where he teaches and writes about national security law, international law, internet law, and, recently, labor history. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
Earlier this year, labor historian Melvyn Dubofsky gave a very pessimistic assessment of the prospects for the American labor movement. “Given the current alignment of forces domestically and globally,” he concluded, “I find it hard to conceive of any tactics or broader strategy through which the labor movement might re-establish its former size, place, and power.” Rick Yeselson has written an implicit response. He proposes a “Fortress Unionism” strategy during the period of labor’s stasis and decline, a period he thinks will end only when “the workers themselves militantly signal that they want unions.” Fortress Unionism has five tenets: (1) Defend the remaining high-density regions, sectors, and companies; (2) Strengthen existing union locals; (3) Ask one key question about organizing drives: Will they increase the density or power of existing strongholds?; (4) Sustain coalition work with other progressive organizations; (5) Invest heavily in alt-labor organizations, especially Working America.
With the possible exception of (5), Fortress Unionism seems like a defeatist strategy that will worsen’s labor’s plight. Jimmy Hoffa would have agreed with Yeselson’s commentator Cato Uticensis: “the answer to ‘what is to be done’ is the same as it ever was: organize and fight.” But perhaps a better (though not a complete) answer for the modern labor movement is provided in the comments by Jefferson Cowie, author of the great 1970s labor history, Stayin’ Alive, who said: “As for the future, one word: immigrants.”
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
October 6
Protect College Sports Act dampens athlete unionization outlook; Stanford RA union decides to withdraw petition
October 5
Delaware bans captive audience meetings; EEOC settles remote work national origin discrimination claim; First Circuit stays enforcement order in VA's dispute with AFGE.
October 4
Boston nurses announce open-ended strike; federal judge restores federal prison workers' union protections; St. Louis workers form the first movie theater union in Missouri.
October 2
Gov. Newsom signs bill regulating AI in workplace; federal judge blocks Trump's $100,000 H-1B visa fee.
October 1
Senate confirms Keith Sonderling as Labor Secretary; Amazon warehouse workers launch an unfair labor practice strike.
September 30
Harvard grad union wins in First Circuit; AI data trainers initiate misclassification suits; Trader Joe’s found liable under ERISA.